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Document L:2013:209:FULL
Official Journal of the European Union, L 209, 3 August 2013
Official Journal of the European Union, L 209, 3 August 2013
Official Journal of the European Union, L 209, 3 August 2013
ISSN 1977-0677 doi:10.3000/19770677.L_2013.209.eng |
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Official Journal of the European Union |
L 209 |
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English edition |
Legislation |
Volume 56 |
Contents |
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II Non-legislative acts |
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REGULATIONS |
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DECISIONS |
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2013/419/EU |
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2013/420/EU |
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2013/421/EU |
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2013/422/EU |
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Commission Implementing Decision of 1 August 2013 amending Decision 2011/163/EU on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC (notified under document C(2013) 4880) ( 1 ) |
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2013/423/EU |
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(1) Text with EEA relevance |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
3.8.2013 |
EN |
Official Journal of the European Union |
L 209/1 |
COMMISSION REGULATION (EU) No 748/2013
of 2 August 2013
amending Regulation (EU) No 513/2013 imposing a provisional anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Articles 7, 8 and 9 thereof,
After consulting the Advisory Committee,
Whereas:
PROCEDURE
(1) |
By Regulation (EU) No 513/2013 (2), the Commission imposed a provisional anti-dumping duty on imports into the Union of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China (PRC). |
(2) |
By Decision 2013/423/EU (3) the Commission accepted the undertaking offer from a group of cooperating exporting producers together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME). |
(3) |
The acceptance of the undertaking requires technical amendments to Regulation (EU) No 513/2013, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 513/2013 is amended as follows:
(1) |
A new heading J and a new recital 282 shall be inserted: ‘J. CUSTOMS DECLARATION
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(2) |
The table in Article 1 paragraph 2 (ii) shall be replaced by the following table:
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(3) |
The following Articles shall be inserted and Article 4 shall be renumbered to Article 8: ‘Article 4 Where a declaration for release for free circulation is presented in respect of imports of those solar panels and key components which are currently falling within TARIC codes 3818001011, 3818001019, 8541409021, 8541409029, 8541409031 and 8541409039, those TARIC codes shall be entered in the relevant field of that declaration. Member States shall, on a monthly basis, inform the Commission of the number of pieces imported under TARIC codes 3818001011 and 3818001019 and the number of Watt for TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039, and of their origin. Article 5 Where a declaration for release for free circulation is presented in respect of the products mentioned under Articles 1 and 4, the number of pieces under TARIC codes 3818001011 and 3818001019 and the number of Watt under TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039 of the products imported shall be entered in the relevant field of that declaration. Article 6 1. Imports declared for release into free circulation for products currently falling within CN code ex 3818 00 10 (TARIC codes 3818001011 and 3818001019), CN code ex 8541 40 90 (TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039) which are invoiced by companies from which undertakings are accepted by the Commission and whose names are listed in the Annex of Decision 2013/423/EU, shall be exempt from the anti-dumping duty imposed by Article 1, on condition that:
2. A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation:
Article 7 The companies from which undertakings are accepted by the Commission and whose names are listed in the Annex of Decision 2013/423/EU and subject to certain conditions specified therein, will also issue an invoice for transactions which are not exempted from the anti-dumping duties. This invoice is a commercial invoice containing at least the elements stipulated in Annex IV of this Regulation.’ |
(4) |
The Annex shall be replaced and renamed as Annex I and Annexes II-IV are inserted as follows: ‘ANNEX I Cooperating Chinese exporting producers not sampled:
‘ANNEX II The following elements shall be indicated in the Commercial Invoice accompanying the Company’s sales to the European Union of goods which are subject to the Undertaking:
‘ANNEX III EXPORT UNDERTAKING CERTIFICATE The following elements shall be indicated in the Export Undertaking Certificate to be issued by CCCME for each Commercial Invoice accompanying the Company’s sales to the European Union of goods which are subject to the Undertaking:
‘ANNEX IV The following elements shall be indicated in the Commercial Invoice accompanying the Company’s sales to the European Union of goods which are subject to the anti-dumping duties:
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Article 2
This Regulation shall enter into force on 6 August 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 August 2013.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 343, 22.12.2009, p. 51.
(3) See page 26 of this Official Journal
3.8.2013 |
EN |
Official Journal of the European Union |
L 209/12 |
COMMISSION IMPLEMENTING REGULATION (EU) No 749/2013
of 2 August 2013
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
(1) |
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
(2) |
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 August 2013.
For the Commission, On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg) |
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CN code |
Third country code (1) |
Standard import value |
0709 93 10 |
TR |
118,5 |
ZZ |
118,5 |
|
0805 50 10 |
AR |
86,5 |
BO |
73,4 |
|
CL |
73,3 |
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TR |
71,0 |
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UY |
86,3 |
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ZA |
90,8 |
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ZZ |
80,2 |
|
0806 10 10 |
CL |
140,3 |
EG |
185,9 |
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MA |
180,7 |
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TR |
178,1 |
|
ZZ |
171,3 |
|
0808 10 80 |
AR |
151,0 |
BR |
85,6 |
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CL |
132,0 |
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CN |
71,5 |
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NZ |
125,9 |
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US |
149,4 |
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ZA |
118,2 |
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ZZ |
119,1 |
|
0808 30 90 |
AR |
129,1 |
CL |
138,2 |
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NZ |
148,9 |
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TR |
158,9 |
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ZA |
107,4 |
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ZZ |
136,5 |
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0809 29 00 |
CA |
303,6 |
TR |
323,7 |
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ZZ |
313,7 |
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0809 30 |
TR |
149,4 |
ZZ |
149,4 |
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0809 40 05 |
BA |
50,3 |
XS |
60,5 |
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ZZ |
55,4 |
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ ZZ ’ stands for ‘of other origin’.
DECISIONS
3.8.2013 |
EN |
Official Journal of the European Union |
L 209/14 |
DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 July 2013
amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multiannual financial framework, to take account of the expenditure requirements resulting from the accession of Croatia to the European Union
(2013/419/EU)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management (1), and in particular to point 29 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The Treaty concerning the accession of the Republic of Croatia to the European Union (2) lays down transitory provisions in budgetary matters. |
(2) |
The Accession Conference of 30 June 2011 has endorsed the results of the negotiations which have determined expenditure requirements resulting from the accession of Croatia to the European Union on 1 July 2013. |
(3) |
The accession of Croatia requires an adjustment of the multiannual financial framework 2007-2013 for the year 2013 and the increase of the ceilings for commitment appropriations for the year 2013 by a total amount of EUR 603 million in current prices, composed of EUR 47 million for sub-heading 1a, EUR 450 million for sub-heading 1b, EUR 31 million for sub-heading 3b and EUR 75 million for Heading 6, which will be fully offset by a decrease of the ceiling for commitment appropriations for the year 2013 under heading 5 for the same amount. |
(4) |
The accession of Croatia also requires an adjustment of the ceiling for payment appropriations for 2013, to be raised by an amount of EUR 374 million in current prices. |
(5) |
The financial framework for the European Union agreed upon in the Interinstitutional Agreement on budgetary discipline and sound financial management should be adjusted to take account of the accession of Croatia for the period from 1 July to 31 December 2013. |
(6) |
Annex I to the Interinstitutional Agreement on budgetary discipline and sound financial management should therefore be amended accordingly (3), |
HAVE ADOPTED THIS DECISION:
Sole Article
Annex I to the Interinstitutional Agreement on budgetary discipline and sound financial management is replaced by the Annex to this Decision.
Done at Brussels, 22 July 2013.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
L. LINKEVIČIUS
(1) OJ C 139, 14.6.2006, p. 1.
(2) OJ L 112, 24.4.2012, p. 10.
(3) For that purpose, the figures resulting from the above agreement are converted into 2004 prices.
ANNEX
FINANCIAL FRAMEWORK 2007-2013
(EUR million — constant 2004 prices) |
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Commitment appropriations |
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
Total 2007-2013 |
||
|
50 865 |
53 262 |
55 879 |
56 435 |
55 693 |
57 708 |
59 111 |
388 953 |
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|
8 404 |
9 595 |
12 018 |
12 580 |
11 306 |
12 677 |
13 112 |
79 692 |
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|
42 461 |
43 667 |
43 861 |
43 855 |
44 387 |
45 031 |
45 999 |
309 261 |
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|
51 962 |
54 685 |
51 023 |
53 238 |
52 136 |
51 901 |
51 284 |
366 229 |
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of which: market related expenditure and direct payments |
43 120 |
42 697 |
42 279 |
41 864 |
41 453 |
41 047 |
40 645 |
293 105 |
||
|
1 199 |
1 258 |
1 375 |
1 503 |
1 645 |
1 797 |
2 014 |
10 791 |
||
|
600 |
690 |
785 |
910 |
1 050 |
1 200 |
1 390 |
6 625 |
||
|
599 |
568 |
590 |
593 |
595 |
597 |
624 |
4 166 |
||
|
6 199 |
6 469 |
6 739 |
7 009 |
7 339 |
7 679 |
8 029 |
49 463 |
||
|
6 633 |
6 818 |
6 816 |
6 999 |
7 044 |
7 274 |
7 106 |
48 690 |
||
|
419 |
191 |
190 |
0 |
0 |
0 |
63 |
863 |
||
Total commitment appropriations |
117 277 |
122 683 |
122 022 |
125 184 |
123 857 |
126 359 |
127 607 |
864 989 |
||
as a percentage of GNI |
1,08 % |
1,09 % |
1,06 % |
1,06 % |
1,03 % |
1,03 % |
1,01 % |
1,05 % |
||
|
||||||||||
Total payment appropriations |
115 142 |
119 805 |
109 091 |
119 245 |
116 394 |
120 649 |
120 731 |
821 057 |
||
as a percentage of GNI |
1,06 % |
1,06 % |
0,95 % |
1,01 % |
0,97 % |
0,98 % |
0,96 % |
1,00 % |
||
Margin available |
0,18 % |
0,18 % |
0,29 % |
0,22 % |
0,26 % |
0,25 % |
0,27 % |
0,23 % |
||
Own resources ceiling as a percentage of GNI |
1,24 % |
1,24 % |
1,24 % |
1,23 % |
1,23 % |
1,23 % |
1,23 % |
1,23 % |
(1) The expenditure on pensions included under the ceiling for this heading is calculated net of the staff contributions to the relevant scheme, within the limit of EUR 500 million at 2004 prices for the period 2007-2013.
3.8.2013 |
EN |
Official Journal of the European Union |
L 209/16 |
DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 July 2013
on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (EGF/2013/000 TA 2013 — Technical assistance at the initiative of the Commission)
(2013/420/EU)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 8(2) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The European Globalisation Adjustment Fund (EGF) was established to provide additional support to redundant workers who suffer from the consequences of major structural changes in world trade patterns and to assist them with their reintegration into the labour market. |
(2) |
The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million. |
(3) |
Regulation (EC) No 1927/2006 provides that 0,35 % of the annual maximum amount can be made available each year for technical assistance at the initiative of the Commission. The Commission therefore proposes to mobilise an amount of EUR 750 000. |
(4) |
The EGF should, therefore, be mobilised in order to provide technical assistance at the initiative of the Commission, |
HAVE ADOPTED THIS DECISION:
Article 1
For the general budget of the European Union for the financial year 2013, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 750 000 in commitment and payment appropriations.
Article 2
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 22 July 2013.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
L. LINKEVIČIUS
3.8.2013 |
EN |
Official Journal of the European Union |
L 209/17 |
COUNCIL DECISION
of 27 June 2013
on the position to be adopted, on behalf of the European Union within the Administrative Committee for the TIR Convention, as regards the proposal to amend the Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention 1975)
(2013/421/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The Customs Convention on the International Transport of goods under cover of TIR Carnets (TIR Convention) of 14 November 1975 was approved on behalf of the Community by Council Regulation (EEC) No 2112/78 (1) and entered into force in the Community on 20 June 1983 (2). |
(2) |
A consolidated version of the TIR Convention was published as an Annex to Council Decision 2009/477/EC (3), according to which the Commission is to publish future amendments to the TIR Convention in the Official Journal of the European Union indicating their date of entry into force. |
(3) |
Following extensive deliberations, in October 2011 the United Nations Economic Commission for Europe (UNECE) Working Party on Customs Questions Affecting Transport decided that some modifications to the TIR Convention are necessary. These modifications concern Article 6 and the introduction of a new Part III in Annex 9 to the TIR Convention, establishing the conditions and requirements to be complied with by an international organisation which is authorised to take on the responsibility for the effective organisation and functioning of an international guarantee system and to print and distribute TIR Carnets. |
(4) |
The proposed amendments to the TIR Convention introduce a definition of the international organisation and clearly define its authorisation process. The introduction of a new Part III in Annex 9 would complement the purpose of that Annex by defining clearly the roles and responsibilities of all actors in the TIR system and would increase the transparency of its management. The introduction of these conditions and requirements in the legal text of the TIR Convention would also simplify the text of the written agreement between UNECE and the international organisation in accordance with Explanatory Note 0.6.2 bis 2 to Article 6 paragraph 2 of the TIR Convention. |
(5) |
Delegates of all Member States expressed their positive opinion as regards the amendment proposal within the Customs Legislation Committee (Coordination Geneva). |
(6) |
In its 53rd session in February 2012, the Administrative Committee for the TIR Convention adopted the proposed amendments to the TIR Convention, subject to the completion of the internal procedures of the Union. |
(7) |
On 5 July 2012, the Administrative Committee transmitted to the Secretary-General, in accordance with the Article 59(1) and (2) of the TIR Convention, proposals for amendments to Article 6.2 bis and Annex 9 to the text of the TIR Convention, adopted at its 53rd session held in Geneva on 9 February 2012. On 10 July 2012, the Secretary-General issued the Depository Notification C.N.358.2012.TREATIES, communicating that if, by 10 July 2013, none of the Contracting Parties had notified any objections to the amendment proposals, they would enter into force on 10 October 2013. |
(8) |
The position to be adopted on behalf of the Union concerning the proposed amendments should therefore be determined, |
HAS ADOPTED THIS DECISION:
Article 1
The position to be adopted on behalf of the European Union within the Administrative Committee for the TIR Convention shall be based on the draft Annex by the Administrative Committee attached to this Decision.
The amendments to the Convention shall be published by the Commission in the Official Journal of the European Union indicating their date of entry into force.
Article 2
This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 27 June 2013.
For the Council
The President
E. GILMORE
ANNEX
In Article 6, a new paragraph is introduced as follows:
Article 6, paragraph 2 bis
Modify paragraph 2 bis to read:
2 bis An international organization shall be authorized by the Administrative Committee to take on responsibility for the effective organization and functioning of an international guarantee system. The authorization shall be granted as long as the organization fulfils the conditions and requirements laid down in Annex 9, Part III. The Administrative Committee may revoke the authorization if these conditions and requirements are no longer fulfilled.
In Annex 9, a new Part III is introduced as follows:
Annex 9, new Part III
Insert a new Part III to read:
Authorization of an international organization, as referred to in Article 6, to take on the responsibility for the effective organization and functioning of an international guarantee system and to print and distribute TIR Carnets
Conditions and requirements
1. |
The conditions and requirements to be complied with by an international organization in order to be authorized, in accordance with Article 6.2 bis of the Convention, by the Administrative Committee to take on the responsibility for the effective organization and functioning of an international guarantee system and to print and distribute TIR Carnets are:
|
2. |
Pursuant to the authorization, the international organization shall:
|
3. |
When the international organization is informed by a guaranteeing association of a claim for payment, it shall, within a period of three (3) months inform the guaranteeing association of its position concerning the claim. |
4. |
All information acquired, directly or indirectly, by the international organization under the Convention, which is by nature confidential or which is provided on a confidential basis, shall be covered by the obligation of professional secrecy and shall not be used or processed neither for any commercial purpose nor for any other purpose than for which it has been provided or disclosed to any third party without the express permission of the person or authority that provided it. Such information may, however, be disclosed without permission to competent authorities of Contracting Parties to this Convention, where there is an authorization or obligation to do so pursuant to provisions of national or international law or in connection with legal proceedings. The disclosure or communication of information shall take place in full compliance with data-protection provisions in force. |
5. |
The Administrative Committee shall have the right to revoke the authorization granted in accordance with Article 6.2 bis in case of non-compliance with the above conditions and requirements. Should the Administrative Committee decide to revoke the authorization, the decision will become effective at the earliest six (6) months after the date of revocation. |
6. |
The authorization of an international organization under the terms set out above shall be without prejudice to that organization’s responsibilities and liabilities under the Convention. |
3.8.2013 |
EN |
Official Journal of the European Union |
L 209/21 |
COMMISSION IMPLEMENTING DECISION
of 1 August 2013
amending Decision 2011/163/EU on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC
(notified under document C(2013) 4880)
(Text with EEA relevance)
(2013/422/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular the fourth subparagraph of Article 29(1) and Article 29(2) thereof,
Whereas:
(1) |
Directive 96/23/EC lays down measures to monitor the substances and groups of residues listed in Annex I thereto. That Directive requires that third countries from which Member States are authorised to import animals and animal products covered by that Directive submit a residue monitoring plan providing required guarantees. That plan should at least include the groups of residues and substances listed in that Annex I. |
(2) |
Commission Decision 2011/163/EU (2) approves the plans provided for in Article 29 of Directive 96/23/EC (‘the plans’) submitted by certain third countries listed in the Annex thereto for the animals and animal products indicated in that list. |
(3) |
In the light of the recent plans submitted by certain third countries and additional information obtained by the Commission, it is necessary to update the list of third countries from which Member States are authorised to import certain animals and animal products, as provided for in Directive 96/23/EC and currently listed in the Annex to Decision 2011/163/EU (‘the list’). |
(4) |
Armenia has submitted a plan for honey to the Commission. That plan provides sufficient guarantees and should be approved. Therefore, an entry for Armenia for honey should be included in the list. |
(5) |
In accordance with European Council Decision 2012/419/EU of 11 July 2012 amending the status of Mayotte with regard to the European Union (3), Mayotte shall cease to be an overseas country or territory and become an outermost region of the Union according to Article 349 of the Treaty on the Functioning of the European Union from 1 January 2014. The entry for Mayotte should be deleted at this date. |
(6) |
San Marino is currently included in the list for bovines and honey. That third country has informed the Commission that it is interested to export porcine meat to the Union. San Marino provided the guarantees requested for porcine in the list with the footnote indicating that third countries using only raw material either from Member States or from other third countries approved for imports of such raw material to the Union. An entry for San Marino for porcines with the appropriate footnote reference should therefore be included in the list. |
(7) |
Decision 2011/163/EU should therefore be amended accordingly. |
(8) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 2011/163/EU is replaced by the text set out in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 1 August 2013.
For the Commission
Tonio BORG
Member of the Commission
(1) OJ L 125, 23.5.1996, p. 10.
ANNEX
‘ANNEX
Code ISO2 |
Country |
Bovine |
Ovine/caprine |
Porcine |
Equine |
Poultry |
Aqua-culture |
Milk |
Eggs |
Rabbit |
Wild game |
Farmed game |
Honey |
AD |
Andorra |
X |
X |
|
X |
|
|
|
|
|
|
|
|
AE |
United Arab Emirates |
|
|
|
|
|
X |
X (1) |
|
|
|
|
|
AL |
Albania |
|
X |
|
|
|
X |
|
X |
|
|
|
|
AM |
Armenia |
|
|
|
|
|
|
|
|
|
|
|
X |
AR |
Argentina |
X |
X |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
AU |
Australia |
X |
X |
|
X |
|
X |
X |
|
|
X |
X |
X |
BA |
Bosnia and Herzegovina |
|
|
|
|
X |
X |
X |
X |
|
|
|
X |
BD |
Bangladesh |
|
|
|
|
|
X |
|
|
|
|
|
|
BN |
Brunei |
|
|
|
|
|
X |
|
|
|
|
|
|
BR |
Brazil |
X |
|
|
X |
X |
X |
|
|
|
|
|
X |
BW |
Botswana |
X |
|
|
X |
|
|
|
|
|
|
X |
|
BY |
Belarus |
|
|
|
X (2) |
|
X |
X |
X |
|
|
|
|
BZ |
Belize |
|
|
|
|
|
X |
|
|
|
|
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|
CA |
Canada |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
CH |
Switzerland |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
CL |
Chile |
X |
X |
X |
|
X |
X |
X |
|
|
X |
|
X |
CM |
Cameroon |
|
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|
|
X |
CN |
China |
|
|
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|
X |
X |
|
X |
X |
|
|
X |
CO |
Colombia |
|
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X |
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CR |
Costa Rica |
|
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X |
|
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CU |
Cuba |
|
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X |
|
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|
X |
EC |
Ecuador |
|
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X |
|
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ET |
Ethiopia |
|
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X |
FK |
Falklands Islands |
X |
X |
|
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FO |
Faeroe Islands |
|
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X |
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GH |
Ghana |
|
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X |
GM |
Gambia |
|
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X |
|
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|
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GL |
Greenland |
|
X |
|
|
|
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|
|
|
X |
X |
|
GT |
Guatemala |
|
|
|
|
|
X |
|
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|
|
X |
HN |
Honduras |
|
|
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|
|
X |
|
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ID |
Indonesia |
|
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|
X |
|
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IL |
Israel |
|
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|
|
X |
X |
X |
X |
|
|
X |
X |
IN |
India |
|
|
|
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|
X |
|
X |
|
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X |
IR |
Iran |
|
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X |
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JM |
Jamaica |
|
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X |
JP |
Japan |
X |
|
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X |
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KE |
Kenya |
|
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X (1) |
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KG |
Kyrgyzstan |
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X |
KR |
South Korea |
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X |
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LB |
Lebanon |
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X |
LK |
Sri Lanka |
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X |
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MA |
Morocco |
|
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X |
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MD |
Moldova |
|
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X |
X |
|
X |
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X |
ME |
Montenegro |
X |
X |
X |
|
X |
X |
|
X |
|
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X |
MG |
Madagascar |
|
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X |
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X |
MK |
former Yugoslav Republic of Macedonia (4) |
X |
X |
X |
|
X |
X |
X |
X |
|
X |
|
X |
MU |
Mauritius |
|
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|
X |
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MX |
Mexico |
|
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X |
|
X |
|
X |
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X |
MY |
Malaysia |
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X (3) |
X |
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MZ |
Mozambique |
|
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X |
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NA |
Namibia |
X |
X |
|
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X |
|
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NC |
New Caledonia |
X (3) |
|
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X |
|
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X |
X |
X |
NI |
Nicaragua |
|
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X |
|
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|
X |
NZ |
New Zealand |
X |
X |
|
X |
|
X |
X |
|
|
X |
X |
X |
PA |
Panama |
|
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X |
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PE |
Peru |
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X |
X |
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PF |
French Polynesia |
|
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X |
PH |
Philippines |
|
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X |
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PY |
Paraguay |
X |
|
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RS |
Serbia (5) |
X |
X |
X |
X (2) |
X |
X |
X |
X |
|
X |
|
X |
RU |
Russia |
X |
X |
X |
|
X |
|
X |
X |
|
|
X (6) |
X |
SA |
Saudi Arabia |
|
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|
X |
|
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SG |
Singapore |
X (3) |
X (3) |
X (3) |
|
X (3) |
X |
X (3) |
|
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SM |
San Marino |
X |
|
X (3) |
|
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X |
SR |
Suriname |
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X |
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SV |
El Salvador |
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X |
SZ |
Swaziland |
X |
|
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TH |
Thailand |
|
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X |
X |
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X |
TN |
Tunisia |
|
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X |
X |
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|
X |
|
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TR |
Turkey |
|
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X |
X |
X |
X |
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X |
TW |
Taiwan |
|
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X |
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X |
TZ |
Tanzania |
|
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X |
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X |
UA |
Ukraine |
|
|
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|
X |
X |
X |
X |
|
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|
X |
UG |
Uganda |
|
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|
X |
|
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|
X |
US |
United States |
X |
X |
X |
|
X |
X |
X |
X |
X |
X |
X |
X |
UY |
Uruguay |
X |
X |
|
X |
|
X |
X |
|
|
X |
|
X |
VE |
Venezuela |
|
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|
X |
|
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VN |
Vietnam |
|
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X |
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X |
YT (7) |
Mayotte |
|
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X |
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ZA |
South Africa |
|
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X |
X |
|
ZM |
Zambia |
|
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X |
ZW |
Zimbabwe |
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X |
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X |
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(1) Camel milk only.
(2) Export to the Union of live equidae for slaughter (food producing animals only).
(3) Third countries using only raw material either from Member States or from other third countries approved for imports of such raw material to the Union, in accordance with Article 2.
(4) The former Yugoslav Republic of Macedonia; the definitive nomenclature for this country will be agreed following current negotiations at UN level.
(5) Not including Kosovo (this designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence).
(6) Only for reindeer from the Murmansk and Yamalo-Nenets regions.
(7) Entry deleted on 1 January 2014.’
3.8.2013 |
EN |
Official Journal of the European Union |
L 209/26 |
COMMISSION DECISION
of 2 August 2013
accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China
(2013/423/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Articles 7, 8 and 9 thereof,
After consulting the Advisory Committee,
Whereas:
A. PROCEDURE
(1) |
By Regulation (EU) No 513/2013 (2), the Commission imposed a provisional anti-dumping duty on imports into the Union of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China (PRC). |
B. UNDERTAKING
1. Undertaking offer
(2) |
Subsequent to the adoption of the provisional anti-dumping measures, a group of cooperating exporting producers, including their related companies in the PRC and in the European Union, and together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (hereinafter: ‘CCCME’) offered a joint price undertaking in accordance with Article 8(1) of the basic Regulation. The undertaking offer was also supported by the Chinese authorities. |
2. Evaluation of undertaking offer
(3) |
The undertaking offer has been examined against the background of changed market circumstances between the moment of the submission of the undertaking offer and the investigation period in the investigation that led to the imposition of provisional measures. Observed changes relate to a drop of both price levels and consumption on the Union market and are linked to several factors established and analysed in the investigation that led to the imposition of provisional measures. |
(4) |
Changes in price levels can sometimes be addressed in an undertaking by an indexation method which links minimum import prices to prices of raw materials as quoted in recognized and publicly available sources. However, no correlation between prices of raw materials and those of final products that would allow for a reliable indexation method could be established in the present case. In order to address an established change in price levels, an alternative method had to be established and price reports by representative and publicly available databases (Bloomberg (3) and pvXchange (4)) specialised in the sector concerned have been used as a reference. |
(5) |
In order to ensure that the undertaking is practicable, the Chinese exporters presented a joint undertaking offer with one minimum import price for photovoltaic modules and one for each of their key components (i.e. cells and wafers). |
(6) |
Further, in order to reduce the risk of company channelling, and make it feasible and practical to monitor the number of participating exporters, the Chinese exporters offered to ensure that the volume of imports made under the undertaking would be at annual levels corresponding roughly to their current market performance. |
(7) |
The exporters have offered a price undertaking. In order to assess whether that price undertaking removes the injurious effect of dumping, the Commission has analysed, inter alia, the current export prices and the level of provisional duty. On that basis, it was concluded that the price undertaking removes the injurious effect of dumping. |
(8) |
The elimination of the injurious effect of dumping is therefore achieved by a price undertaking covering imports within an associated annual level and in addition an ad valorem provisional duty levied on imports above the annual level as referred to in recital 6 above. |
(9) |
The CCCME will also provide the Commission with regular and detailed information concerning the sales to the Union of the companies presenting the joint undertaking offer, allowing for the undertaking to be monitored effectively by the Commission. With a view to CCCME’s active role, the support given by the Chinese authorities and the safety net in the form of annual level referred to in recital 6, the Commission considers the risk of circumvention limited and outweighed by considerations linked to the need to ensure security of supplies on the Union market. |
C. COMMENT OF PARTIES AND ACCEPTANCE OF THE UNDERTAKING
1. Comments of parties
(10) |
The undertaking offer has been made available to interested parties. No comments against its acceptance have been received so far. |
(11) |
In the view of the above, the undertaking offered by the exporting producers is acceptable. The companies concerned and the CCCME have been informed of the essential facts, considerations and obligations upon which the acceptance is based. |
(12) |
Further, to enable the Commission to monitor effectively compliance with the undertaking, when the request for release for free circulation is presented to the relevant customs authority, exemption from the anti-dumping duty will be conditional on:
|
(13) |
Where no such invoice and certificate are presented or when they do not correspond to the product presented to customs or a commercial invoice containing at least the elements of Annex IV of Regulation (EU) No 513/2013 is presented, the appropriate rate of anti-dumping duty shall instead be payable. |
(14) |
Whenever, pursuant to Article 8(9) of the basic Regulation, the Commission withdraws its acceptance of an undertaking following a breach by referring to particular transactions and declares the relevant undertaking invoices to be invalid, a customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation. |
(15) |
Importers should be aware that a customs debt may be incurred, as a normal trade risk, at the time of acceptance of the declaration for release into free circulation as described in recitals 11 and 12 even if an undertaking offered by the manufacturer from whom they were buying, directly or indirectly, had been accepted by the Commission. |
(16) |
Pursuant to Article 14(7) of the basic Regulation, customs authorities should inform the Commission immediately whenever indications of a violation of the undertaking are found. |
(17) |
In the event of a breach or withdrawal of the undertaking or in case of withdrawal of acceptance of the undertaking by the Commission, the provisional anti-dumping duty imposed in accordance with Article 7 of the basic Regulation shall automatically apply by means of Article 8(9) of the basic Regulation. |
HAS ADOPTED THIS DECISION:
Article 1
The undertaking offered by the exporting producers listed in the Annex of this Decision together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME), in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China, is hereby accepted.
Article 2
This Decision shall enter into force on 6 August 2013.
Done at Brussels, 2 August 2013.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 343, 22.12.2009, p. 51.
(3) Paid information available to Bloomberg Professional Service subscribers only.
(4) http://www.pvxchange.com/
ANNEX
List of companies:
Name of the company |
Taric additional code |
Jiangsu Aide Solar Energy Technology Co. Ltd |
B798 |
Anji DaSol Solar Energy Science & Technology Co. Ltd |
B802 |
Anhui Schutten Solar Energy Co. Ltd Quanjiao Jingkun Trade Co. Ltd |
B801 |
Xi’an SunOasis (Prime) Company Limited TBEA SOLAR CO. LTD XINJIANG SANG’O SOLAR EQUIPMENT |
B804 |
CSI Solar Power (China) Inc. Canadian Solar Manufacturing (Changshu) Inc. Canadian Solar Manufacturing (Luoyang) Inc. CSI Cells Co. Ltd |
B805 |
Changzhou NESL Solartech Co. Ltd |
B806 |
Changzhou Trina Solar Energy Co. Ltd Trina Solar (Changzhou) Science & Technology Co. Ltd Changzhou Youze Technology Co. Ltd |
B791 |
CHINALAND SOLAR ENERGY CO. LTD |
B808 |
ChangZhou EGing Photovoltaic Technology Co. Ltd |
B811 |
CIXI CITY RIXING ELECTRONICS CO. LTD. ANHUI RINENG ZHONGTIAN SEMICONDUCTOR DEVELOPMENT CO. LTD. HUOSHAN KEBO ENERGY & TECHNOLOGY CO. LTD. |
B812 |
CNPV Dongying Solar Power Co. Ltd |
B813 |
China Sunergy (Nanjing) Co. Ltd CEEG Nanjing Renewable Energy Co. Ltd CEEG (Shanghai) Solar Science Technology Co. Ltd China Sunergy (Yangzhou) Co. Ltd China Sunergy (Shanghai) Co. Ltd |
B809 |
Chint Solar (Zhejiang) Co. Ltd |
B810 |
Delsolar (Wujiang) Ltd |
B792 |
Dongfang Electric (Yixing) MAGI Solar Power Technology Co. Ltd |
B816 |
Era Solar Co. Ltd |
B818 |
ET Solar Industry Limited ET Energy Co. Ltd |
B819 |
GD Solar Co. Ltd |
B820 |
Konca Solar Cell Co. Ltd Suzhou GCL Photovoltaic Technology Co. Ltd Jiangsu GCL Silicon Material Technology Development Co. Ltd Jiangsu Zhongneng Polysilicon Technology Development Co. Ltd GCL-Poly (Suzhou) Energy Limited GCL-Poly Solar Power System Integration (Taicang) Co. Ltd GCL SOLAR POWER (SUZHOU) LIMITED GCL Solar System (Suzhou) Limited |
B850 |
Guodian Jintech Solar Energy Co. Ltd |
B822 |
Hangzhou Bluesun Solar Energy Technology Co. Ltd |
B824 |
Hangzhou Zhejiang University Sunny Energy Science and Technology Co. Ltd Zhejiang Jinbest Energy Science and Technology Co. Ltd |
B825 |
Hanwha SolarOne (Qidong) Co. Ltd |
B826 |
Hengdian Group DMEGC Magnetics Co. Ltd |
B827 |
HENGJI PV-TECH ENERGY CO. LTD. |
B828 |
Jiangsu Green Power PV Co. Ltd |
B831 |
Jiangsu Hosun Solar Power Co. Ltd |
B832 |
Jiangsu Jiasheng Photovoltaic Technology Co. Ltd |
B833 |
Jiangsu Runda PV Co. Ltd |
B834 |
Jiangsu Sainty Photovoltaic Systems Co. Ltd |
B835 |
Jiangsu Sainty Machinery Imp. And Exp. Corp. Ltd |
B835 |
Jiangsu Seraphim Solar System Co. Ltd |
B836 |
Jiangsu Shunfeng Photovoltaic Technology Co. Ltd Changzhou Shunfeng Photovoltaic Materials Co. Ltd Jiangsu Shunfeng Photovoltaic Electronic Power Co. Ltd |
B837 |
Jiangsu Sinski PV Co. Ltd |
B838 |
Jiangsu Sunlink PV Technology Co. Ltd |
B839 |
Jiangsu Zhongchao Solar Technology Co. Ltd |
B840 |
Jiangxi LDK Solar Hi-Tech Co. Ltd LDK Solar Hi-Tech (Nanchang) Co. Ltd LDK Solar Hi-Tech (Suzhou) Co. Ltd |
B793 |
Jiangyin Hareon Power Co. Ltd Hareon Solar Technology Co. Ltd Taicang Hareon Solar Energy Co. Ltd |
B842 |
Jiangyin Shine Science and Technology Co. Ltd |
B843 |
JingAo Solar Co. Ltd Shanghai JA Solar Technology Co. Ltd JA Solar Technology Yangzhou Co. Ltd Hefei JA Solar Technology Co. Ltd Shanghai JA Solar PV Technology Co. Ltd |
B794 |
Jinko Solar Co. Ltd Jinko Solar Import and Export Co. Ltd ZHEJIANG JINKO SOLAR CO. LTD ZHEJIANG JINKO SOLAR TRADING CO. LTD |
B845 |
Jinzhou Yangguang Energy Co. Ltd Jinzhou Huachang Photovoltaic Technology Co. Ltd Jinzhou Jinmao Photovoltaic Technology Co. Ltd Jinzhou Rixin Silicon Materials Co. Ltd Jinzhou Youhua Silicon Materials Co. Ltd |
B795 |
Juli New Energy Co. Ltd |
B846 |
Jumao Photonic (Xiamen) Co. Ltd |
B847 |
Kinve Solar Power Co.Ltd (Maanshan) |
B849 |
Lightway Green New Energy Co. Ltd Lightway Green New Energy(Zhuozhou) Co. Ltd |
B851 |
MOTECH (SUZHOU) RENEWABLE ENERGY CO. LTD |
B852 |
NICE SUN PV CO. LTD LEVO SOLAR TECHNOLOGY CO. LTD |
B854 |
Ningbo Huashun Solar Energy Technology Co. Ltd |
B856 |
Ningbo Jinshi Solar Electrical Science & Technology Co. Ltd |
B857 |
Ningbo Komaes Solar Technology Co. Ltd |
B858 |
Ningbo Osda Solar Co. Ltd |
B859 |
Ningbo Qixin Solar Electrical Appliance Co. Ltd |
B860 |
Ningbo Sunbe Electric Ind Co. Ltd |
B862 |
Ningbo Ulica Solar Science & Technology Co. Ltd |
B863 |
Perlight Solar Co. Ltd |
B865 |
Phono Solar Technology Co. Ltd Sumec Hardware & Tools Co. Ltd |
B866 |
RISEN ENERGY CO. LTD |
B868 |
SHANDONG LINUO PHOTOVOLTAIC HI-TECH CO. LTD |
B869 |
SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTD |
B870 |
SHANGHAI ALEX NEW ENERGY CO. LTD |
B870 |
Shanghai BYD Co. Ltd BYD(Shangluo)Industrial Co.Ltd |
B871 |
Shanghai Chaori Solar Energy Science & Technology Co. Ltd Shanghai Chaori International Trading Co. Ltd |
B872 |
SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTD |
B874 |
SHANGHAI SOLAR ENERGY S&T CO. LTD Shanghai Shenzhou New Energy Development Co. Ltd Lianyungang Shenzhou New Energy Co. Ltd |
B875 |
Shenzhen Sacred Industry Co.Ltd |
B878 |
Shenzhen Topray Solar Co. Ltd Shanxi Topray Solar Co. Ltd Leshan Topray Cell Co. Ltd |
B880 |
Sopray Energy Co. Ltd Shanghai Sopray New Energy Co. Ltd |
B881 |
SUN EARTH SOLAR POWER CO. LTD. NINGBO SUN EARTH SOLAR POWER CO. LTD. Ningbo Sun Earth Solar Energy Co. Ltd |
B882 |
SUZHOU SHENGLONG PV-TECH CO. LTD |
B883 |
Wenzhou Jingri Electrical and Mechanical Co. Ltd |
B886 |
Wuhu Zhongfu PV Co. Ltd |
B889 |
Wuxi Saijing Solar Co. Ltd |
B890 |
Wuxi Shangpin Solar Energy Science and Technology Co. Ltd |
B891 |
Wuxi Solar Innova PV Co. Ltd |
B892 |
Wuxi Suntech Power Co. Ltd Suntech Power Co. Ltd Wuxi Sunshine Power Co. Ltd Luoyang Suntech Power Co. Ltd Zhenjiang Rietech New Energy Science Technology Co. Ltd Zhenjiang Ren De New Energy Science Technology Co. Ltd |
B796 |
Wuxi Taichang Electronic Co. Ltd Wuxi Machinery & Equipment Import & Export Co. Ltd Wuxi Taichen Machinery & Equipment Co. Ltd |
B893 |
Xi’an Huanghe Photovoltaic Technology Co. Ltd State-run Huanghe Machine-Building Factory Import and Export Corporation |
B896 |
Shanghai Huanghe Fengjia Photovoltaic Technology Co. Ltd |
B896 |
Xi’an LONGi Silicon Materials Corp. Wuxi LONGi Silicon Materials Co. Ltd |
B897 |
Years Solar Co. Ltd |
B898 |
Yingli Energy (China) Co. Ltd Baoding Tianwei Yingli New Energy Resources Co. Ltd Hainan Yingli New Energy Resources Co. Ltd Hengshui Yingli New Energy Resources Co. Ltd Tianjin Yingli New Energy Resources Co. Ltd Lixian Yingli New Energy Resources Co. Ltd Baoding Jiasheng Photovoltaic Technology Co. Ltd Beijing Tianneng Yingli New Energy Resources Co. Ltd Yingli Energy (Beijing) Co. Ltd |
B797 |
Yuhuan BLD Solar Technology Co. Ltd Zhejiang BLD Solar Technology Co. Ltd |
B899 |
Yuhuan Sinosola Science & Technology Co. Ltd |
B900 |
Zhangjiagang City SEG PV Co. Ltd |
B902 |
Zhejiang Fengsheng Electrical Co. Ltd |
B903 |
Zhejiang Global Photovoltaic Technology Co. Ltd |
B904 |
Zhejiang Jiutai New Energy Co. Ltd Zhejiang Topoint Photovoltaic Co. Ltd |
B906 |
Zhejiang Kingdom Solar Energy Technic Co. Ltd |
B907 |
|
|
Zhejiang Shuqimeng Photovoltaic Technology Co. Ltd |
B911 |
Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company Zhejiang Yauchong Light Energy Science & Technology Co. Ltd |
B914 |
Zhejiang Trunsun Solar Co. Ltd Zhejiang Beyondsun PV Co. Ltd |
B917 |
Zhejiang Xiongtai Photovoltaic Technology Co. Ltd |
B919 |
ZHEJIANG YUANZHONG SOLAR CO. LTD |
B920 |
RENESOLA ZHEJIANG LTD RENESOLA JIANGSU LTD |
B921 |
Zhongli Talesun Solar Co. Ltd |
B922 |
ZNSHINE PV-TECH CO. LTD |
B923 |
3.8.2013 |
EN |
Official Journal of the European Union |
L 209/s3 |
NOTICE TO READERS
Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union
In accordance with Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union (OJ L 69, 13.3.2013, p. 1), as of 1 July 2013, only the electronic edition of the Official Journal shall be considered authentic and shall have legal effect.
Where it is not possible to publish the electronic edition of the Official Journal due to unforeseen and exceptional circumstances, the printed edition shall be authentic and shall have legal effect in accordance with the terms and conditions set out in Article 3 of Regulation (EU) No 216/2013.
3.8.2013 |
EN |
Official Journal of the European Union |
L 209/s3 |
NOTE TO READERS — WAY OF REFERRING TO ACTS
As of 1 July 2013 the way of referring to acts has changed.
During a transitional period this new practice will coexist with the previous one.